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The Principles Of The Law Of Property In South Africa
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Book Synopsis The Principles of the Law of Property in South Africa by : Hanri Mostert
Download or read book The Principles of the Law of Property in South Africa written by Hanri Mostert and published by Oxford University Press, USA. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of the Law of Property in South Africa provides a rich source of expertise and a lively and approachable introduction to the principles of property law. --
Book Synopsis The Principles of the Law of Property in South Africa by : Hanri Mostert
Download or read book The Principles of the Law of Property in South Africa written by Hanri Mostert and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principles of the Law of Property in South Africa by : P. J. Badenhorst
Download or read book The Principles of the Law of Property in South Africa written by P. J. Badenhorst and published by . This book was released on 2020 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The principles of the law of the property in South Africa, Second edition, offers a thorough, current and accessible introduction to the general principles of property law in South Africa. Including diverse perspectives, the edition foregrounds discussion of constitutional perspectives to engage with critical issues and debates that arise within the current, dynamic socio-economic context. The texts presents fundamental principles within a clear and applied conceptual framework, and is designed to support independent, enquiring and critical engagement with a subject matter."--Back cover.
Book Synopsis The Principles of the Law of Property in South Africa by :
Download or read book The Principles of the Law of Property in South Africa written by and published by . This book was released on 2020 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The principles of the law of the property in South Africa, Second edition, offers a thorough, current and accessible introduction to the general principles of property law in South Africa. Including diverse perspectives, the edition foregrounds discussion of constitutional perspectives to engage with critical issues and debates that arise within the current, dynamic socio-economic context. The texts presents fundamental principles within a clear and applied conceptual framework, and is designed to support independent, enquiring and critical engagement with a subject matter."--Back cover.
Book Synopsis Introduction to the Law of Property by : Andries Johannes Van der Walt
Download or read book Introduction to the Law of Property written by Andries Johannes Van der Walt and published by Juta and Company Ltd. This book was released on 2009 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of Property Law by : Alison Clarke
Download or read book Principles of Property Law written by Alison Clarke and published by Cambridge University Press. This book was released on 2020-06-11 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical new analysis of fundamental property principles which enables students to make sense of an exciting and fast-developing subject.
Book Synopsis Principles of the Law of Sale & Lease by : Ellison Kahn
Download or read book Principles of the Law of Sale & Lease written by Ellison Kahn and published by Juta. This book was released on 1998 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text clarifies the general rules and principles of South African law and practice in the specific contracts of sale and lease. A separate table of cases for sale and for lease, and a table of statutes of each area are included.
Book Synopsis Private International Law in South Africa by : Elsabe Schoeman
Download or read book Private International Law in South Africa written by Elsabe Schoeman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.
Book Synopsis The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany by : Hanri Mostert
Download or read book The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer Science & Business Media. This book was released on 2002 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...
Book Synopsis The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Book Synopsis Wille's Principles of South African Law by : George Wille
Download or read book Wille's Principles of South African Law written by George Wille and published by Juta and Company Ltd. This book was released on 2007 with total page 1462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Silberberg and Schoeman's The Law of Property by : Harry Silberberg
Download or read book Silberberg and Schoeman's The Law of Property written by Harry Silberberg and published by . This book was released on 2019 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to the Law of Property by : A. J. Van der Walt
Download or read book Introduction to the Law of Property written by A. J. Van der Walt and published by . This book was released on 1999 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principle of Numerus Clausus in European Property Law by : Bram Akkermans
Download or read book The Principle of Numerus Clausus in European Property Law written by Bram Akkermans and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
Book Synopsis Intellectual Property and General Legal Principles by : Graeme B. Dinwoodie
Download or read book Intellectual Property and General Legal Principles written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What
Book Synopsis Principles of Property Law by : Samantha J. Hepburn
Download or read book Principles of Property Law written by Samantha J. Hepburn and published by Psychology Press. This book was released on 2001 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive text covers all of the materials relevant to property law in a detailed and thorough manner. The second edition examines the basic tenants of property law,as well as specific property interests such as land interests and the way in which these interests are conveyed, registered and co-ordinated.The book considers the development of native title as a legally recognised form of property in Australia and how such an interest sits within the common law and statutory infrastructure. Principles of Property Law is a vital book for students studying this complex area and is also a valuable addition to the library of academics and practitioners interested in this field.
